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TABLE 165.929—Continued 

Event Location 1 Enforcement date and time 2

(j) December Safety Zones 

(1) New Years Eve Fireworks.Chicago, IL. All waters of Monroe Harbor and Lake Michigan within 

the arc of a circle with a 1,000-foot radius from the fireworks 

launch site located on a barge in approximate position 41°52.683′ 

N., 087°36.617′ W.

December 31; 11 p.m. to January 1 at 1 a.m. 

1All coordinates listed in Table 165.929 reference Datum NAD 1983. 

2As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change. 

Dated: December 18, 2015. 

A.B. Cocanour, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2016–00865 Filed 1–19–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0112; FRL–9941–27– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Attainment Plan for the 

Lower Beaver Valley Nonattainment 

Area for the 2008 Lead National 

Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania (Pennsylvania) for the 

purpose of demonstrating attainment of 

the 2008 lead national ambient air 

quality standard (NAAQS) in the Lower 

Beaver Valley 2008 lead nonattainment 

area (Lower Beaver Valley Area or 

Area). The attainment plan includes the 

base year emissions inventory, modeling 

demonstration of attainment with the 

lead NAAQS, and an analysis of 

reasonably available control measures 

(RACM), reasonably available control 

technology (RACT), and reasonable 

further progress (RFP). The attainment 

plan also includes contingency 

measures for the Lower Beaver Valley 

Area which include parts of a Consent 

Order and Agreement (COA) between 

Horsehead Corporation (Horsehead) and 

the Pennsylvania Department of 

Environmental Protection (PADEP). 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before February 19, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2015–0112 at http://

www.regulations.gov, or via email to 

fernandez.cristina@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Gerallyn Duke, (215) 814–2084, or by 

email at duke.gerallyn@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

January 15, 2015, PADEP submitted a 

revision to its SIP for the purpose of 

demonstrating attainment of the 2008 

lead NAAQS in the Lower Beaver Valley 

Area in accordance with requirements 

in sections 172 and 192 of the CAA. 

Pennsylvania’s lead attainment plan for 

the Area includes a base year emissions 

inventory, a modeling demonstration of 

attainment with the 2008 lead NAAQS, 

an analysis of RACM, RACT, and RFP, 

and contingency measures. The lead 

attainment plan also includes 

paragraphs 3, 5, and 6 of a COA, dated 

November 21, 2012, between Horsehead 

and PADEP that demonstrates how 

Pennsylvania will achieve and maintain 

compliance with the 2008 lead NAAQS. 

EPA has determined that Pennsylvania’s 

attainment plan for the 2008 lead 

NAAQS for the Lower Beaver Valley 

Area meets the applicable requirements 

of the CAA in sections 172 and 192. 

Thus, EPA is proposing to approve 

Pennsylvania’s attainment plan for the 

Lower Beaver Valley Area. 

EPA’s analysis and findings are 

discussed for each applicable 

requirement in this rulemaking action. 

Additional details on the base year 

inventory and modeling portions of the 

attainment demonstration are contained 

in two Technical Support Documents 

(TSDs) for this proposed action. 

I. Background 

On November 12, 2008 (73 FR 66964), 

EPA revised the lead NAAQS, lowering 

the level from 1.5 micrograms per cubic 

meter (mg/m3) to 0.15 mg/m3 calculated 

over a three-month rolling average. EPA 

established the 2008 lead NAAQS based 

on significant evidence and numerous 

health studies demonstrating that 

serious health effects are associated 

with exposures to lead emissions. 

On November 22, 2010, EPA 

designated Vanport and Potter 

Townships in Beaver County, 

Pennsylvania as the Lower Beaver 

Valley Area for its nonattainment status 

with the 2008 lead NAAQS. The design 

value used for this designation was 

based on monitoring data from 2007– 

2009. On November 22, 2011, EPA 

revised the lead NAAQS designation for 

the Area based on 2008–2010 

monitoring data by adding Center 

Township to the Area. 76 FR 72097. 

Under sections 191(a) and 192 of the 

CAA, Pennsylvania is required to 

submit a SIP revision with a plan for 

how the Area will attain the 2008 lead 

NAAQS, as expeditiously as practicable, 

but no later than December 31, 2015. 

Horsehead owned and operated a 

permitted zinc production plant in 

Potter Township, Pennsylvania (the 

Monaca Smelter or Facility). This 

Facility was the only industrial source 


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1See ‘‘Addendum to the 2008 Lead NAAQS 

Implementation Questions and Answers’’ dated 

August 10, 2012, which is included in EPA’s SIP 

Toolkit located at www3.epa.gov/airquality/lead/

implement.html. 

of lead emissions over 0.5 tons per year 

(tpy) in the Area. On November 21, 

2012, PADEP and Horsehead entered 

into a COA which required Horsehead 

to permanently discontinue, on or 

before October 1, 2014, production of 

zinc metal from its electrothermic 

furnace line (Furnace Plant), the 

sintering line (Sinter Plant), and 

secondary material operations. After 

these units shut down permanently, the 

COA provided that Horsehead would be 

subject to an aggregate potential lead 

emission rate of 0.1 tpy over each 

consecutive 12-month rolling period 

from all of its remaining stationary and 

fugitive emission sources at the Facility. 

However, in May 2014, Horsehead 

permanently ceased operations at 

additional major sources of emissions at 

the Facility, including the Larvik 

Furnaces and Refinery Feed Pot, which 

were not required under the COA to be 

shut down. Horsehead’s zinc dust sizing 

circuit, whose emissions are considered 

insignificant, is allowed to continue to 

operate periodically, subject to the 0.1 

tpy facility-wide limit contained in its 

federally-enforceable permit as well as 

in the COA. 

II. Summary of SIP Revision 

On January 15, 2015, the 

Commonwealth of Pennsylvania 

through the PADEP submitted an 

attainment plan for the Lower Beaver 

Valley Area as a SIP revision which 

includes the base year emissions 

inventory and an attainment 

demonstration. The attainment 

demonstration includes: technical 

analyses that locate, identify, and 

quantify sources of lead emissions 

which contributed to violations of the 

2008 lead NAAQS; a modeling analysis 

of an emissions control strategy that 

demonstrates attainment with the 2008 

lead NAAQS by the attainment year 

2015; and an analysis of RACT, RACM 

and RFP, and contingency measures for 

the Lower Beaver Valley Area. The SIP 

revision also includes paragraphs 3, 5, 

and 6 of the COA between Horsehead 

and PADEP as measures for the 

attainment plan. EPA’s analysis of the 

submitted attainment plan includes a 

review of the pollutant addressed, 

emissions inventory requirements, 

modeling, RACM, RACT, and RFP 

requirements, and contingency 

measures for the Lower Beaver Valley 

Area. 

1. Emissions Inventory Requirements 

States are required under section 

172(c)(3) of the CAA for nonattainment 

areas to develop comprehensive, 

accurate, and current inventories of 

actual emissions from all sources of the 

relevant pollutant or pollutants in the 

relevant nonattainment area. These 

inventories provide a detailed 

accounting of all emissions and 

emission sources by relevant pollutant 

and its precursors. In the November 12, 

2008 lead NAAQS rulemaking, EPA 

finalized the emissions inventory 

requirements. These inventory 

requirements at 40 CFR 51.117(e) 

require, among other things, that the SIP 

inventory include all sources that emit 

0.5 or more tons of lead emissions per 

year, that the inventory is subject to 

public hearing requirements, and that 

the inventory is included in the SIP. 

Section 172(c)(3) of the CAA requires 

that an identification of emissions from 

all sources of lead in the nonattainment 

area be submitted with attainment 

plans. The base year inventory is 

typically one of the years in which the 

area was designated for the standard 

and includes emissions from stationary 

point and nonpoint sources. EPA 

recommends using either 2010 or 2011 

as the base year, but does provide 

flexibility for using other inventory 

years if states can show another year is 

more appropriate. Additionally, EPA 

guidance provides that actual emissions 

should be used for purposes of the base 

year inventory.1

Pennsylvania’s lead attainment plan 

for Lower Beaver Valley Area evaluates 

lead emissions in the Area, which 

includes sources in the area bounded by 

Vanport, Potter, and Center Townships 

in Beaver County. There are no 

precursors for lead which EPA requires 

to be considered for the lead attainment 

plan required by section 172 of the 

CAA. 

Pennsylvania developed its base-year 

inventory using data from 2010, the year 

the Area was designated nonattainment, 

for stationary source lead emissions. For 

the nonpoint sources of lead emissions, 

PADEP submitted EPA’s 2011 National 

Emissions Inventory (NEI) v2 data as a 

surrogate for the 2010 inventory, since 

inventories for nonpoint source 

emissions are only prepared every three 

years (2008, 2011) and 2011 was the 

most recent inventory available. 

The only source of lead emissions 

above 0.5 tpy within the Lower Beaver 

Valley Area was the Monaca Smelter. 

The only other stationary source of lead 

emissions in the Lower Beaver Valley 

Area was AES Beaver Valley, a 125–MW 

coal-fired cogeneration plant, though its 

lead emissions are less than 0.5 tpy. 

Another source of lead emissions above 

0.5 tpy, an electric generating unit 

(EGU), Bruce Mansfield Power Station 

(Bruce Mansfield), is located in the 

adjacent municipality of Shippingsport. 

The monitor associated with Bruce 

Mansfield was in attainment with the 

2008 lead NAAQS, demonstrating it had 

no impact on the Lower Beaver Valley 

Area, so Bruce Mansfield was not 

included in the Inventory. 

Horsehead produced high purity zinc 

oxide and high grade zinc metal at the 

Facility. Two sources emitted the 

majority of lead emissions from the 

Facility: the Sinter Plant and the 

Furnace Plant. Roughly ninety-five 

percent of the Facility’s 2010 lead 

emissions which volatilized during 

processing were point sources and the 

remaining five percent escaped as 

fugitive emissions. Estimates used for 

calculating 2010 fugitive lead emissions 

at the Sinter Plant were based on 

estimates from samples collected during 

2007 and 2008. PADEP considered 

estimates of 2010 fugitive emissions to 

be conservative because improvements 

made in fugitive emission control at the 

Facility, including controls installed at 

the Sinter Plant since 2008, were not 

factored into the analysis for 2010 

fugitive emissions. 

Table 1 identifies the 2010 base year 

emissions inventory for the Lower 

Beaver Valley Area. In 2010, lead 

emissions from point sources or stacks 

in the Area totaled 5.5961 tons. Lead 

emissions from nonpoint sources, 

including mobile sources, also were 

included in the lead inventory but 

found by PADEP to be insignificant. 

There are no other sources of lead 

emissions in the Area above 0.5 tpy of 

lead emissions nor smaller sources. 

According to Pennsylvania’s inventory, 

the Monaca Smelter’s emissions 

comprised almost all of the lead 

emissions in the Area in 2010. 

TABLE 1—2010 BASE YEAR LOWER

BEAVER VALLEY NONATTAINMENT

AREA EMISSIONS INVENTORY

Source Lead emissions 

(tpy) 

Monaca Smelter ............... 5.5531 

AES Beaver Valley Plant .. 0.0430 

Subtotal for Point 

Sources .................. 5.5961 

Nonpoint Sources ............. 0.0009 

Total ........................... 5.5970 

Additional information regarding the 

emissions inventory for the Area and 

EPA’s analysis of the inventory in 

accordance with CAA requirements in 

CAA section 172(c) and 40 CFR 


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2http://www3.epa.gov/airquality/lead/pdfs/

2012ImplementationGuide.pdf. 

51.117(e) can be found in the TSD for 

the Base Year Inventory for the Lower 

Beaver Valley Area which is included in 

the docket for this proposed action 

(EPA–R03–OAR–2015–0112) and is 

available online at www.regulations.gov. 

EPA finds that the 2010 base year 

emissions inventory prepared by 

Pennsylvania and included in the 

January 15, 2015 SIP submission for 

Lower Beaver Valley Area meets the 

requirements of section 172(c)(3) of the 

CAA and the corresponding regulations 

at 40 CFR 51.117(e). 

2. Attainment Planning Modeling 

Section 172 of the CAA and the lead 

control strategy regulations found at 40 

CFR 51.117 require states to employ 

atmospheric dispersion modeling for the 

demonstration of attainment of the lead 

NAAQS as expeditiously as practicable. 

40 CFR 51.117(a) requires a 

demonstration that the attainment plan 

will attain the NAAQS in the areas in 

the vicinity of point sources listed in 40 

CFR 51.117(a)(1) as well as any other 

area with lead concentrations in excess 

of the NAAQS per 40 CFR 1.117(a)(2). 

The demonstration must meet the 

requirements of 40 CFR 51.112 and 

51.117 as well as appendix W of 40 CFR 

part 51 and include inventory data, 

modeling results, and emissions 

reduction analyses on which the state 

has based its projected attainment. All 

these requirements comprise the 

‘‘attainment demonstration’’ that is 

required for lead nonattainment areas. 

PADEP performed an air-dispersion 

modeling analysis to predict the 

maximum predicted three-month rolling 

lead concentration using emission 

inventories representing two facilities, 

Monaca Smelter and AES Beaver Valley. 

PADEP used reported lead emissions in 

2010 for the base year and projected 

(future) lead emissions for 2015 because 

2015 is the attainment year for the 2008 

lead NAAQS. Horsehead’s 2010 

emissions include point and fugitive 

emission sources. 

Projected emissions were determined 

based on the November 21, 2012 COA 

for Horsehead, which contains a plantwide lead emission limit of 0.1 tpy for 

the Facility, as well as maximum 

throughput information and allowable 

lead emissions from AES Beaver Valley 

under its current permit. Only point 

source emissions were calculated for 

AES Beaver Valley, as only point source 

emissions were reported from AES. 

PADEP did not include emissions from 

Bruce Mansfield in its modeling for the 

attainment demonstration because prior 

modeling had demonstrated Bruce 

Mansfield did not contribute to 

nonattainment in the Area. Lead 

emissions from nonpoint sources and 

mobile source were also examined, but 

found to be insignificant, so they were 

not included in the lead modeling 

demonstration. The modeling was 

conducted in accordance with 40 CFR 

part 51, Appendix W—Guideline on Air 

Quality Models. 

The final modeled lead concentration 

for the future attainment year of 2015 is 

the maximum projected three-month 

average lead concentration of 0.0274 mg/ 

m3 plus the background monitored 

concentration of 0.05 mg/m3 from the 

Shippingport monitor. This yields a 

projected lead concentration of 

approximately 0.08 mg/m3, which is 

significantly lower than the NAAQS of 

0.15 mg/m3. 

Modeling for attainment was based 

primarily on the lead emissions 

expected in December 31, 2015. Due to 

monitored violations in 2013 and early 

2014, the Area will not attain the 

NAAQS by 2015 based on ambient air 

quality over 36 consecutive three-month 

periods. However, closure of Horsehead 

operations in 2014 will facilitate 

attainment of the 2008 lead NAAQS by 

2017. More detailed information on the 

modeling system tools and documents 

used for the model attainment 

demonstration for the Area and EPA’s 

analysis of PADEP’s attainment 

modeling conducted for the Area can be 

found on the EPA Technology Transfer 

Network Support Center for Regulatory 

Atmospheric Modeling (SCRAM) 

(http://www.epa.gov/ttn/scram/), in 

Pennsylvania’s January 15, 2015 

submittal, and in the TSD for the 

modeling portion of the proposed SIP in 

the docket for this proposed action 

(EPA–R03–OAR–2015–0112) and 

available online at www.regulations.gov. 

EPA finds the modeling was conducted 

in accordance with requirements for a 

modeled attainment demonstration in 

the CAA and in 40 CFR 51.112 and 117 

and in appendix W of 40 CFR part 51. 

3. RACM, RACT, and RFP 

Section 172(c)(1) of the CAA requires 

nonattainment areas to implement all 

RACM, including emissions reductions 

through the adoption of RACT, as 

expeditiously as practicable. EPA 

interprets this as requiring 

consideration of all available controls 

and to implement all measures in the 

nonattainment area that are determined 

to be reasonably available. However, 

EPA believes it would be unreasonable 

to require that a plan which 

demonstrates attainment include all 

technologically and economically 

available control measures even though 

such measures would not expedite 

attainment. See 58 FR 67751 (December 

22, 1993). 

In March 2012, EPA issued guidance 

titled, ‘‘Guide to Developing Reasonably 

Available Control Measures for 

Controlling Lead Emissions’’ (RACM 

Guidance).2 Pennsylvania performed a 

RACM analysis in compliance with the 

RACM Guidance. The shutdown of the 

Monaca Smelter Sinter Plant, Furnace 

Plant, and secondary materials 

operations on May 19, 2014 are discrete 

control measures that have already 

occurred. Pennsylvania has determined 

that the shutdown of those operations at 

the Monaca Smelter, along with a plantwide lead emission limit of 0.1 tpy 

required in the COA, addresses RACM 

based on the significant decrease in 

emissions that will result. 

The 2012 COA also incorporates 

requirements for control of fugitive 

emissions from the Monaca Smelter, 

and PADEP has determined that all 

known significant sources of lead 

emissions from the Facility have been 

eliminated, controlled, or found 

ineffective or not viable, consistent with 

EPA’s RACM Guidance (which also 

addresses RACT). Because Horsehead 

agreed in the COA to discontinue metal 

production operation at the site by 

October 14, 2014, PADEP considered 

further investment in additional control 

strategies to not be reasonable or cost 

effective. Thus, PADEP has determined 

that no additional control measures 

such as RACT are required at the 

Monaca Smelter. EPA has reviewed 

PADEP’s determinations and analysis 

and finds it reasonable for RACM and 

RACT at the Monaca Smelter. 

EPA set a threshold of 0.5 tpy for lead 

sources to undergo a RACT analysis. 73 

FR 67038. Because the lead emissions 

from the AES Beaver Valley facility are 

well below 0.5 tpy, PADEP concluded 

no RACT review is required for that 

facility and EPA finds PADEP’s 

conclusion reasonable for AES Beaver 

Valley. 

Section 172(c)(2) of the CAA also 

requires areas designated as 

nonattainment for criteria pollutants to 

include a demonstration of RFP for 

meeting air quality standards in 

attainment plans. Section 171(1) of the 

CAA defines RFP as annual incremental 

reductions in emissions of the relevant 

air pollutants as required by Part D of 

Title I of the CAA, or emission 

reductions that may reasonably be 

required by EPA to ensure attainment of 


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3 Incremental reductions in lead emissions are not 

specified in Part D of Title I of the CAA. 

4The monitoring data for 2010–2013 is included 

in appendix A of Pennsylvania’s January 15, 2015 

SIP submittal and uses data queried from the Air 

Quality System (AQS) Data Mart Database at 

https://aqs.epa.gov/api. 

5See EPA document titled ‘‘Addendum to the 

2008 Lead NAAQS Implementation Questions and 

Answers’’ dated August 10, 2012, included in EPA’s 

SIP Toolkit at http://www3.epa.gov/airquality/lead/ 

pdfs/20120810qanda.pdf. 

6Horsehead’s COA does not require closure or 

shut down of the Larvik Furnaces, the Refinery 

Feed Pot, and zinc dust sizing circuit. Thus, the 

COA includes contingency measures applicable to 

the Facility. The COA is included in the PADEP SIP 

submittal. Upon final approval of the SIP, the 

COA’s terms will be federally enforceable as part of 

the Pennsylvania SIP. The COA is available in the 

docket for this rulemaking which is available online 

at www.regulations.gov. 

7Sampling would increase from once every six 

days to every three days if results from two samples 

during any three-month rolling period exceed 0.15 

mg/m3. Sampling frequency would further increase 

to daily if results from three samples during any 

three-month period exceed 0.15 mg/m3. 

the applicable NAAQS by the applicable 

date.3

As stated in the final lead NAAQS 

rule (73 FR 67038), RFP is satisfied by 

the strict adherence to a compliance 

schedule which is expected to 

periodically yield significant emission 

reductions. Pennsylvania’s control 

strategy in the Lower Beaver Valley 

Area is not staggered or phased. 

Nonattainment of the 2008 lead NAAQS 

is primarily attributable to a single 

source, the Monaca Smelter, whose 

major operations shut down in May 

2014. Ambient air quality 

concentrations dropped at or below 

attainment levels immediately after 

Horsehead shut down these operations 

at the Facility, thus fulfilling RFP 

requirements for the Lower Beaver 

Valley Area. All of the Area’s ambient 

air quality monitors reported lead 

concentrations below the 2008 lead 

NAAQS for the three-month rolling 

average for May through July, 2014. The 

monitor located in Center Township 

and associated with the Monaca Smelter 

showed a 2013 design value of 0.25 mg/ 

m3, which exceeds the lead NAAQS 

limit of 0.15 mg/m3.4 However, the 

maximum three-month rolling average 

ambient lead concentration for the fivemonth period since the closure of the 

Monaca Smelter was 0.02 mg/m3. See 

Table 3 to Pennsylvania’s January 15, 

2015 SIP submittal. 

With continued implementation of 

RACM, i.e., continued shutdown of the 

primary lead emitting units at the 

Monaca Smelter and the COA emissions 

limit of 0.1 tpy for the Facility, lead 

emissions at the Facility are expected to 

stay well below 0.1 tpy and ambient 

lead concentrations in the Area are 

expected to continue to remain well 

below the NAAQS limit. Thus, EPA 

finds that Pennsylvania has 

demonstrated that RFP has been 

addressed. 

4. Contingency Measures 

In accordance with section 172(c)(9) 

of the CAA, contingency measures are 

required as additional measures to be 

implemented in the event that an area 

fails to make RFP or fails to attain a 

standard by its attainment date. These 

measures must be fully adopted rules or 

control measures that can be 

implemented quickly and without 

additional EPA or state action and 

should contain trigger mechanisms and 

an implementation schedule.5 In 

addition, these measures should be ones 

that are not already included in the SIP 

control strategy for attaining the 

standard. See 73 FR 67038 (November 

12, 2008). 

The contingency measures in 

Pennsylvania’s SIP submittal are 

primarily focused on control of fugitive 

dust because there is no longer an 

operating source with emissions above 

0.5 tpy of lead in the Area. The SIP 

submittal provides for contingency 

measures in the COA with Horsehead 

which would apply should Horsehead 

continue operations at units not 

required to be shut down under the 

COA, and should PADEP determine that 

these operations cause or significantly 

contribute to ongoing lead NAAQS 

exceedances. These measures include 

source testing and reporting, wetting 

down roads in the facility, installing 

and operating a vehicle washing facility 

near material storage and handling 

areas, and retrofitting baghouses, or 

alternative control measures approved 

by PADEP.6

The SIP submittal also states that 

should PADEP determine that specific 

activities at the Monaca Smelter or at 

other sources in the Area are likely to 

have caused an exceedance of the lead 

NAAQS, or if PADEP documents a 

violation of Pennsylvania’s fugitive dust 

regulations at 25 PA Code Section 123.1 

or 123.2, additional control measures 

would be triggered. Specifically, PADEP 

can enforce those regulations and 

require the party whose actions likely 

have caused the exceedance or whose 

actions resulted in a violation to 

mitigate the impact on the 2008 lead 

NAAQS by implementing additional 

control measures. Such control 

measures may include paving, 

vegetating, watering, or chemically 

stabilizing traffic paths; periodic 

cleaning of paved roads; wet 

suppression at bulldozing sites and soil 

piles; vehicle washing at property exits; 

and covering soil-bearing trucks. 

The January 15, 2015 SIP submittal 

provides the following process for 

triggering the above contingency 

measures. Any single sample result 

exceeding 0.15mg/m3 at a monitor in the 

Lower Beaver Valley Area would trigger 

investigation by PADEP to determine 

what specific activities have caused the 

increased concentration level (because 

the only significant stationary source of 

lead emissions is no longer in 

operation). Should PADEP determine, as 

the result of observations by PADEP or 

receipt of a complaint, that specific 

activities are likely to have caused an 

exceedance or violation, PADEP will 

notify the party that an action appears 

to be adversely affecting the NAAQS or 

violating Pennsylvania regulations. 

Corrective action in the form of 

contingency measures would follow, 

involving enforcement as appropriate. 

Pennsylvania’s SIP submission further 

provides that persistent lead 

exceedances at any monitor would 

trigger increased sampling frequency at 

the monitor where such an exceedance 

occurred.7 Four or more sample results 

within any three-month rolling period 

reported to exceed 0.15mg/m3 would 

trigger expanded ambient air monitoring 

and investigation as needed to identify 

the potential source(s) and address the 

source of the exceedance. 

Section 172(c)(5) of the CAA requires 

permits for the construction and 

operation of new and modified major 

stationary sources anywhere in a 

nonattainment area. The Pennsylvania 

SIP includes provisions consistent with 

the federal requirements, set forth at 40 

CFR 51.165, for nonattainment new 

source review (NSR). 

PADEP’s SIP submittal states that 

NSR permitting requirements in its SIP 

ensure that no new or modified sources 

will cause or contribute to a NAAQS 

violation by requiring, as part of the 

NSR permit, a demonstration that such 

a violation will not occur. See 25 Pa. 

Code § 127.81 and 127.201–127.217. If 

Horsehead or any entity proposes to 

restart or modify operations or construct 

and operate other activities at the 

Facility that would result in increased 

lead emissions, such changes would 

trigger NSR permitting requirements 

which include measures to minimize 

emissions and prevent NAAQS 

violations. 

In summary, EPA finds these 

contingency measure triggers and 

actions will help ensure compliance 

with the 2008 lead NAAQS and meet 

the requirements of section 172(c)(9) of 

the CAA to ensure continued attainment 


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of the NAAQS if any events occur 

interfering with attainment. EPA finds 

PADEP’s SIP submittal contains 

adequate contingency measures if the 

Area fails to attain the NAAQS or fails 

to achieve RFP because the only 

significant stationary source of lead 

emissions is no longer in operation, 

Pennsylvania’s existing rules related to 

control of fugitive dusts and permitting 

are sufficient to minimize emissions and 

prevent NAAQS violations, and 

additional measures are not reasonably 

available to serve as contingency 

measures. 

III. Proposed Action 

EPA finds the January 15, 2015 SIP 

submittal attainment plan for the Lower 

Beaver Valley Area meets the applicable 

requirements of the CAA for attainment 

plans in section 172 and 192 of the CAA 

and in implementing regulations 

including 40 CFR 51.112 and 51.117. 

EPA is proposing to approve the 

Pennsylvania SIP revision attainment 

plan for the Lower Beaver Valley Area 

for the 2008 lead NAAQS including the 

attainment demonstration, base year 

emissions inventory, RACM/RACT and 

RFP analyses, and contingency 

measures. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule to 

approve Pennsylvania’s SIP revision 

containing the attainment plan for the 

2008 lead NAAQS in the Lower Beaver 

Valley Area, does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 30, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2016–00871 Filed 1–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 206 

[Docket ID FEMA–2016–0003] 

RIN 1660–AA84 

Establishing a Deductible for FEMA’s 

Public Assistance Program 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

considering the establishment of a 

disaster deductible, requiring a 

predetermined level of financial or other 

commitment from a Recipient (Grantee), 

generally the State, Tribal, or Territorial 

government, before FEMA will provide 

assistance under the Public Assistance 

Program when authorized by a 

Presidential major disaster declaration. 

FEMA believes the deductible model 

would incentivize Recipients to make 

meaningful improvements in disaster 

planning, fiscal capacity for disaster 

response and recovery, and risk 

mitigation, while contributing to more 

effective stewardship of taxpayer 

dollars. For example, Recipients could 

potentially receive credit toward their 

deductible requirement through 

proactive pre-event actions such as 

adopting enhanced building codes, 

establishing and maintaining a disaster 

relief fund or self-insurance plan, or 

adoption of other measures that reduce 

the Recipient’s risk from disaster events. 

The deductible model would increase 

stakeholder investment and 

participation in disaster recovery and 

building for future risk, thereby 

strengthening our nation’s resilience to 

disaster events and reducing the cost of 

disasters long term. FEMA seeks 

comment on all aspects of the 

deductible concept. 

DATES: Comments must be received by 

March 21, 2016. 

ADDRESSES: Comments must be 

identified by docket ID FEMA–2016– 

0003 and may be submitted by one of 

the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail/Hand Delivery/Courier: 

Regulatory Affairs Division, Office of 

Chief Counsel, Federal Emergency 

Management Agency, 8NE, 500 C Street 

SW., Washington, DC 20472–3100. 

FOR FURTHER INFORMATION CONTACT: 

Jotham Allen, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, 202–646–1957. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Instructions: All submissions received 

must include the agency name and 

docket ID. Regardless of the method 

used for submitting comments or 

material, all submissions will be posted, 

without change, to the Federal 

eRulemaking Portal at http://

www.regulations.gov, and will include 


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